Business Insider public records law request August 16 2022

Nicole Kanu filed this request on behalf of Insider Staff with the Little Rock School District, Department of Procurement of Little Rock, AR.
Due Sept. 13, 2022
Est. Completion None
Status
Awaiting Response

Communications

From: Insider Staff

To Whom It May Concern:

Pursuant to the Arkansas Freedom of Information Act, I hereby request the following records:

-All separation agreements and settlements reached with current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled.

-All public records relating to any and all claims of misconduct against current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled. Such public records should include, but not be limited to, all complaints; allegations; claims; investigatory reports; analyses; summaries; memoranda and/or notes; interview recordings; transcripts and/or notes; reviews; emails, text or other electronic messages, voicemails, and/or other communications and/or correspondence; determinations; decisions; orders; resignation letters; employment reclassification documents; offers in compromise and/or settlement agreements; termination and/or transfer papers; letters of reproval and/or other disciplinary actions, whether imposed or not; referrals to law enforcement, administrative, and/or licensing agencies, departments, and/or bodies; appeals; court filings and/or rulings; and all similar materials notwithstanding the use of other terminology, nomenclature, or categorization by this or other involved public agencies.

To further clarify this request, the scope of the misconduct at issue arises from, relates to, and/or is a consequence of sexual behavior and/or activities with district students, whether currently or previously enrolled, and notwithstanding whether any such behavior and/or activities were proven to have occurred or not. The construction of this request should be understood to be liberal and expansive, such that all public records which may be remotely responsive should be produced in full and may only be withheld and/or redacted only as required by law.

I would like these records in the electronic format that they are stored in, transmitted via email or other digital method; please refrain from sending paper copies of the records.

Rather than provide all responsive records at once, I ask that you provide copies of records on a rolling basis, as they become available.

If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.

Please waive any applicable fees; this information is being sought for reporting purposes. If I can provide any clarification that will help expedite the processing of my request, please contact me directly, at mdrange@insider.com.

Note: a delay in access to these records is tantamount to a denial of access.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Nicole Kanu, a citizen of Arkansas, in coordination with Insider Staff.

From: Little Rock School District, Department of Procurement

Ms. Kanu, this email serves to acknowledge your request below made under the Arkansas Freedom of Information Act (FOIA), received today in the Little Rock School District Staff Attorney’s office. As I’m sure you are aware, Arkansas FOI law provides that only citizens of the state of Arkansas may avail themselves to the rights afforded by Arkansas FOIA. See below:
Section 25-19-105 (a)(1)(A)
“Except as otherwise specifically provided by this section or laws specifically enacted to provide otherwise, all public records shall be open to inspection and copying by any citizen of the State of Arkansas during regular business hours of the custodian of the records."

It is not enough to state that you are a citizen of Arkansas and we cannot move forward with your out of state address (Boston, Massachusetts); however, if you can provide us with your Arkansas residential and/or commercial address, we will process your request accordingly.

Sincerely,

Valerie

[cid:image001.png@01D53B2E.0AA2BF30]<http://www.lrsd.org/>
Valerie Hudson
Executive Assistant/ Paralegal
Staff Attorney’s Office

valerie.hudson@lrsd.org<mailto:valerie.hudson@lrsd.org>

From: Muckrock Staff

Hello,

Please see attached. Thank you for your help with this request!

From: Little Rock School District, Department of Procurement

Ms. Nicole Kanu, thank you for providing a valid Arkansas driver’s license reflecting your AR residential address. This email serves to acknowledge receipt of your FOIA request(9-8-22) below, and to inform you that it will be immediately forwarded for compliance.

Thank you,

Alexis

[cid:image001.png@01D53B2E.0AA2BF30]<http://www.lrsd.org/>
Alexis Goodman
FOIA Clerk
Staff Attorney’s Office

alexis.goodman@lrsd.org<mailto:alexis.goodman@lrsd.org>

From: Little Rock School District, Department of Procurement

Ms. Kanu, we appreciated your patience as we worked to complete your request. Per Little Rock School District’s Staff Attorney, Eric Walker, there are no documents responsive to your FOIA request (9-8-22) below.

This now completes our response to your request.

Sincerely,

Valerie

[cid:image001.png@01D53B2E.0AA2BF30]<http://www.lrsd.org/>
Valerie Hudson
Executive Assistant/ Paralegal
Staff Attorney’s Office

valerie.hudson@lrsd.org<mailto:valerie.hudson@lrsd.org>

From: Insider Staff

Hello, thank you for the update. It appears there is some confusion here as to the scope of my request. I'm hopeful that we can resolve this matter without seeking a judicial remedy through the courts, which I am prepared to pursue. Can you confirm your understanding of the following?

In an effort to assist you in processing this request, records regarding “activities with district students” should be interpreted to mean “Sexual Harassment,” “Unwelcome Conduct,” “Hostile Educational Environment,” and/or “Sexual Violence,” involving one or more former or current students.

With respect to the separation and settlement agreements I've requested, please note that I am requesting ALL SUCH AGREEMENTS, as indicated in my request, regardless of the underlying reason/rationale for departure. It defies logic that in a district of your size, you would have none.

From: Little Rock School District, Department of Procurement

Ms. Kanu:

Upon receipt of your email on Sunday, we have reviewed the request. We have reached out to individuals who would potentially have responsive documents. After said review, LRSD maintains its response to the FOIA request as highlighted below.

[LRSD logo]<http://www.lrsd.org/>
Eric F. Walker
Staff Attorney

eric.walker@lrsd.org<mailto:eric.walker@lrsd.org>

From: Insider Staff

Thank you, but I'm still confused. So you are saying that no employees have separated from the district since 2017? How could that be possible?

From: Little Rock School District, Department of Procurement

Please see the LRSD responses to this FOIA request previously provided to Ms. Kanu on September16 and 20, 2022 at 11:12 a.m. and 4:40 p.m. respectively.

Sincerely,

Valerie

[cid:image001.png@01D53B2E.0AA2BF30]<http://www.lrsd.org/>
Valerie Hudson
Executive Assistant/ Paralegal
Staff Attorney’s Office

valerie.hudson@lrsd.org<mailto:valerie.hudson@lrsd.org>

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